Page:United States Reports, Volume 1.djvu/482

Rh 

1789.

exemption from maintenance, that they fhould execute and record in the proper county a deed or inftrument, fecuring to fuch flaves, or fervants, their freedom before twenty-eight years of age?

Theintereʃt remaining to the owner, or mafter, in an unregiftered negro or mulatto, is not exprefsly declared in any part of the act; but from the fcope of the whole it may be collected, that the meaning and intention of the Legiflature was, that all negro or mulatto falves, or fervants for life, or until they fhould arrive to thirty one years of age, within the State at the time of paffing the act, who were then under the age of twenty eight years, might be detained as fervants until they arrived to that age, though they fhould not be regiftered ; but if the mafter detained them in fervice until that age, and they fhould afterwards become chargeable in fuch cafe, he, his executors, adminiftrators, or affigns, fhould be obliged to maintain them. This conftruction feems to be further warranted from that part of the fifth fection, which affigns the reafon for regiftering the names, ages, and fexes of flaves, and fervants for life, and until thirty one years of age, to wit in order to afcertain and diftinguifh them from all other perfons ; thofe born before, or after, paffing the act, and under twenty eight years  of age, as well as thofe who fhould not be regiftered, though above twenty eight years of age.

Though the act of Affembly with refpect to this queftion is not fo clear as it might have been, and as I could wifh it, and though different gentlemen may reafonably entertain different fentiments concerning it, yet as I muft give an opinion, it muft be my own. Upon the whole then, I think, that negro Betʃey fhould remain as a fervant until fhe fhall arrive to the age of twenty eight years, unlefs freed fooner by her mafter ; and that fhe be then intitled to the like freedom dues and other privileges, as if fhe had been born after paffing the act for the gradual abolition of flavery.

I know now what other conftruction to put on the fixth fection. If the word “ not ” in the fifth line from the end of this fection, had been expunged, I fhould have been of a different opinion ; but the engroffed act has been examined, and the word, “ not,” is in it. The Legiflature muft have had fome meaning in ufing this word, as well as in the fentence that provides that, “ unlefs his or her maƒter or  “ owner, fhall, before fuch flave or fervant attain his or her twenty “ eighth year,  ʃecuring to fuch flave or fervant his or her ƒreedom. ”

By this judgment, if I fhould be miftaken, the negro Betʃey is in no worfe fituation, than, if fhe had been born after the paffing the act, and I do not know a reafon why fhe fhould be in a better. Were fhe difcharged from her mafter, fhe would be incapable to take care of herfelf, and her parents are unable to educate her: She cannot fuffer fo much by living with a good mafter, as being with poor and ignorant parents. By a contrary judgment, fhe, as I have juft hinted, would be little benefited, and her mafter, who hitherto